§11-229  Criminal prosecution.  (a)  Any
person who knowingly, intentionally, or recklessly violates any provision of
this subpart shall be guilty of a misdemeanor.  Any person who knowingly or
intentionally falsifies any report required by this subpart with the intent to
circumvent the law or deceive the commission or who violates section 11-201 or
11-202 shall be guilty of a class C felony.  A person charged with a class C
felony shall not be eligible for a deferred acceptance of guilty plea or nolo
contendere plea under chapter 853.  A person who is convicted under this
section shall be disqualified from holding elective public office for a period
of four years from the date of conviction.



(b)  For purposes of prosecution for violation
of this subpart, the offices of the attorney general and the prosecuting
attorney of the respective counties shall be deemed to have concurrent
jurisdiction to be exercised as follows:



(1)  Prosecution shall commence with a written request
from the commission or upon the issuance of an order of the court; provided
that prosecution may commence prior to any proceeding initiated by the
commission or final determination;



(2)  In the case of state offices, parties, or issues,
the attorney general or the prosecuting attorney for the city and county of
Honolulu shall prosecute any violation; and



(3)  In the case of all other offices, parties, or
issues, the attorney general or the prosecuting attorney for the respective
county shall prosecute any violation.



In the commission's choice of prosecuting
agency, it shall be guided by whether there will be any conflicting interest
between the agency and its appointive authority.



(c)  The court shall give priority to the
expeditious processing of suits under this section.



(d)  Prosecution for violation of any provision
of this subpart shall not be commenced after five years have elapsed from the
date of the violation or date of filing of the report covering the period in
which the violation occurred, whichever is later.



(e)  The provisions of this section shall not
apply to any person who, prior to the commencement of proceedings under this
section, has paid or agreed to pay the penalties prescribed by sections
11-213.5 and 11-215(c). [L 1979, c 224, pt of §2; am L 1980, c 232, §1;
am L Sp 1995, c 10, §2(28); am L 1999, c 96, §11; am L 2000, c 99, §8; am L
2005, c 203, §24; am L 2009, c 11, §2]



 



Case Notes



 



  When limitations period begins to run for alleged illegal
contribution.  68 H. 270, 711 P.2d 727.